GANGA SINGROULE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 22. 06. 2007 in special Case No. 1/2007 by the Special judge (under the N. D. P. S. Act), Bilaspur whereby the appellant was convicted under section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act') and sentenced to rigorous imprisonment for five years and a fine of Rs. 5000/- and in default of fine additional rigorous imprisonment for one year.

(2.) BRIEF facts are that on 20. 12. 2006 on receiving secret information that the appellant was storing huge quantity of ganja at his residence in Ward No. 11, Chakarabhata, sub-Inspector Arvind Dwivedi P. W. 4 proceeded to the house of the appellant after completion of the necessary formalities. After searching the house of the appellant, he seized 16 kilograms ganja from one jute bag and 2. 650 kilograms ganja from a rexine bag. Seized ganja and samples of 500 grams and 200 grams ganja taken therefrom were sealed and kept in the Malkhana for safe custody. Later, on 22. 12. 2006 vide Ex. P. 15 the samples were sent to Forensic Science laboratory for chemical analysis which opined vide Ex. P. 29 that the samples contained ganja. After completion of investigation, the appellant was prosecuted under section 20 (b) (ii) (B) of the Act.

(3.) THE appellant abjured the guilt, pleaded innocence and led evidence of one ajeet Ram in defence to show that the house from which the ganja was alleged to have been seized belonged to his father Chaitooram.